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Safe Food for Canadians Regulations (SOR/2018-108)

Regulations are current to 2022-06-20 and last amended on 2019-06-17. Previous Versions

PART 4Preventive Controls (continued)

DIVISION 4Maintenance and Operation of Establishment (continued)

SUBDIVISION DConditions Respecting Establishments (continued)

Marginal note:Lighting

  •  (1) An establishment must be equipped with natural or artificial lighting that is appropriate for the food or the food animal that is intended to be slaughtered, as the case may be, and for the activity being conducted.

  • Marginal note:Light fixtures

    (2) Any light fixtures in the establishment must

    • (a) be capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing; and

    • (b) not present a risk of contamination of the food in the event of breakage.

Marginal note:Ventilation system

 A facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must be equipped with a ventilation system that

  • (a) provides natural or mechanical ventilation with sufficient air exchange to provide clean air and to remove unclean air and odours that might affect the food;

  • (b) is accessible and, if necessary for its cleaning, maintenance or inspection, is able to be disassembled;

  • (c) is capable of withstanding repeated cleaning; and

  • (d) functions as intended.

Marginal note:Temperature and humidity

  •  (1) The temperature and humidity level in a facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must be maintained at levels that are appropriate for the food or the food animal, as the case may be, and for the activity being conducted.

  • Marginal note:Heating, cooling or humidity-control system

    (2) If the facility or conveyance is equipped with a heating, cooling or humidity-control system, the system must

    • (a) if necessary to prevent contamination of a food, be equipped with instruments to control, indicate and record the temperature and humidity levels;

    • (b) be accessible and, if necessary for its cleaning, maintenance or inspection, is able to be disassembled;

    • (c) be capable of withstanding repeated cleaning; and

    • (d) function as intended.

Marginal note:Removal and disposal of contaminated materials and waste

  •  (1) An establishment must have means for the removal and disposal of contaminated materials and waste and, if necessary to prevent contamination of a food, be equipped with a drainage, sewage and plumbing system that functions as intended.

  • Marginal note:Frequency and manner

    (2) Contaminated materials and waste must be removed and disposed of at a frequency that is sufficient to prevent contamination of a food and in a manner that does not present a risk of contamination of a food.

Marginal note:Cleaning stations, lavatories, etc.

  •  (1) If necessary to prevent the contamination of a food, an establishment must be equipped with hand cleaning and sanitizing stations, lavatories, showers, drinking water stations, break rooms or change rooms that

    • (a) are appropriately equipped and adequate in number and size for the number of persons using them;

    • (b) are located so that they are readily accessible to the persons using them; and

    • (c) are capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing.

  • Marginal note:Hand cleaning and sanitizing stations

    (2) The hand cleaning and sanitizing stations must permit the effective cleaning of hands.

  • Marginal note:Lavatories

    (3) The lavatories must be located and maintained so that they do not present any risk of contamination of a food.

Marginal note:Area for inspector’s use

 At the request of an inspector, the inspector must be provided with an area that is readily accessible, appropriately equipped and appropriate in size for the exercise of their powers, and the performance of their duties and functions, under the Act.

Marginal note:Office, lockers, etc., for inspector

  •  (1) An establishment in which a meat product or processed egg product is manufactured, prepared, stored, packaged or labelled or in which a food animal is slaughtered must provide an inspector with

    • (a) a furnished office that is readily accessible, appropriately equipped and appropriate in size for the exercise of their powers and the performance of their duties and functions under the Act;

    • (b) lockers and cabinets that are readily accessible and appropriate for the protection and storing of their equipment and documents; and

    • (c) access to a lockable storage facility or equipment that is appropriate for the protection, preservation and storing of samples.

  • Marginal note:Private office, change rooms, etc., for inspector

    (2) In the case of an establishment in which a food animal is slaughtered, the office referred to in paragraph (1)(a) must be private and the inspector must also be provided with access to a lavatory, a shower and a change room in the establishment.

Marginal note:Water — contact with food

  •  (1) Any water that might come into contact with a food must be potable, unless it does not present a risk of contamination of the food, and must be protected against contamination.

  • Marginal note:Steam and ice — contact with food

    (2) Any steam or ice that might come into contact with a food must be made from water that meets the requirements of subsection (1), unless the steam or ice does not present a risk of contamination of the food.

  • Marginal note:Water — cross-connections

    (3) Any system that supplies water that meets the requirements of subsection (1) must not be cross-connected with any other system, unless measures are taken to eliminate any risk of contamination of a food as a result of the cross-connection.

  • Marginal note:Water given to food animals

    (4) Any water or other source of hydration that is provided to food animals that are intended to be slaughtered in an establishment must not present a risk of injury to the health of those animals and must not present a risk of contamination of the meat products that may be derived from those animals.

Marginal note:Supply of water, steam and ice

  •  (1) An establishment must be supplied, as appropriate for the food or the food animal that is intended to be slaughtered, as the case may be, and for the activity being conducted, with

    • (a) water that is adequate in quantity, temperature, pH and pressure to meet the needs of the establishment;

    • (b) steam that is adequate in quantity and pressure to meet those needs; and

    • (c) ice that is adequate in quantity to meet those needs.

  • Marginal note:Treatment of water, steam or ice

    (2) Any treatment of water, steam or ice must be applied in a manner that does not present a risk of contamination of a food.

SUBDIVISION EUnloading, Loading and Storing

Marginal note:Conveyances

 Any conveyance that is used to convey a food to or from an establishment and that is unloaded or loaded at the establishment

  • (a) must be designed, constructed and maintained to prevent contamination of the food;

  • (b) must be constructed of, and maintained using, materials that are suitable for their intended use and, if the materials present a risk of contamination of the food, that are

    • (i) durable,

    • (ii) capable of withstanding repeated cleaning and, if necessary to prevent contamination of a food, repeated sanitizing, and

    • (iii) free of any noxious constituent;

  • (c) must be capable of maintaining the temperature and humidity at levels that are appropriate for the food and, if necessary to prevent contamination of the food, be equipped with instruments that control, indicate and record those levels;

  • (d) must not contain any animal, other than an animal referred to in paragraph 51(2)(a), any pest control product as defined in subsection 2(1) of the Pest Control Products Act or any other material or substance that presents a risk of contamination of the food; and

  • (e) must be clean and in a sanitary condition at the time of unloading or loading.

Marginal note:Unloading and loading

 Any unloading and loading of a food or of a food animal that is intended to be slaughtered, from or onto a conveyance at an establishment, must be conducted in a manner that does not present a risk of contamination of a food.

Marginal note:Storing — food

  •  (1) Any storing of a food must be conducted in a manner that does not present a risk of contamination of the food.

  • Marginal note:Storing — other

    (2) Any storing of conveyances, equipment, sanitizers, agronomic inputs, chemical agents, starter products, packaging material, labels or any other thing that is used in the manufacturing, preparing, storing, packaging or labelling of a food must be conducted in a manner that does not present a risk of contamination of the food.

  • Marginal note:Definition of starter products

    (3) In subsection (2), starter products means the materials that are used to start growing fresh fruits or vegetables and includes seeds, seedlings, plants, cuttings, canes, seed potatoes and nursery stock.

SUBDIVISION FCompetency

Marginal note:Competencies and qualifications

 Any person who is involved in the manufacturing, preparing, storing, packaging or labelling of a food or in the slaughtering of a food animal must have the competencies and qualifications that are necessary to carry out their duties.

SUBDIVISION GHygiene

Marginal note:Clothing, footwear and protective coverings

 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must wear clothing, footwear and protective coverings, including gloves, a hairnet, a beard net and a smock, that are in good condition, clean and in sanitary condition and that are appropriate for the food and for the activity being conducted.

Marginal note:Personal cleanliness

 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must maintain personal cleanliness to prevent contamination of the food, including by cleaning and, if necessary, by sanitizing their hands

  • (a) immediately on entering the area;

  • (b) immediately after using a lavatory;

  • (c) immediately before beginning to conduct the activity; and

  • (d) at a frequency appropriate for the food and for the activity being conducted.

Marginal note:Spitting, chewing gum and other acts

 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must refrain from spitting, chewing gum, using tobacco products, eating, having unnecessary contact with the food and doing any other act that presents a risk of contamination of the food.

Marginal note:Objects and substances — risk of contamination

 Any person who enters or is in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered must refrain from wearing or using any object or substance that presents a risk of contamination of the food.

Marginal note:Reporting of disease, illness, symptoms and lesions

 Any person who works in an area where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered and who has a disease or illness, symptoms of a disease or illness or an open or infected lesion must report them to the operator.

Marginal note:Communicable disease and lesions — risk of contamination

 The operator must prevent any person who is suffering from, or is a known carrier of, a communicable disease or who has an open or infected lesion from entering or being in an area of an establishment where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered if the person’s condition presents a risk of contamination of the food.

DIVISION 5Investigation, Notification, Complaints and Recall

Marginal note:Investigation

  •  (1) An operator who suspects on reasonable grounds that a food presents a risk of injury to human health or does not meet the requirements of the Act or these Regulations must immediately investigate the matter.

  • Marginal note:Notification and mitigation of risk

    (2) If the investigation establishes that the food presents a risk of injury to human health, the operator must immediately notify the Minister and immediately take action to mitigate the risk.

Marginal note:Complaints procedure

  •  (1) An operator must prepare, keep and maintain a document that sets out a procedure for receiving, investigating and responding to complaints that are received in relation to a food.

  • Marginal note:Complaints

    (2) If a complaint is received, the operator must implement the procedure and prepare a document that sets out the details of the complaint, the results of the investigation and the actions taken based on those results and keep it for two years after the day on which the actions are completed.

Marginal note:Recall procedure

  •  (1) An operator must prepare, keep and maintain a document that sets out a recall procedure that enables the effective recall of a food, the name of a contact person who is responsible for the procedure and the name of a contact person who is responsible for conducting recalls.

  • Marginal note:Recall simulation

    (2) The operator must, at least once every 12 months,

    • (a) conduct a recall simulation, based on the recall procedure; and

    • (b) prepare a document that sets out the details of how the recall simulation was conducted and the results of the simulation, and keep that document for two years after the day on which the recall simulation is completed.

  • Marginal note:Recall — notice to Minister

    (3) If an operator determines that a food should be recalled because it presents a risk of injury to human health, the operator must immediately notify the Minister.

  • Marginal note:Recall — implementation

    (4) If a food is the subject of a recall because it presents a risk of injury to human health, the operator must

    • (a) immediately implement the recall procedure; and

    • (b) prepare a document that sets out the details of the recall, including any information that substantiates its effectiveness, and keep the document for two years after the day on which the recall is initiated.

Marginal note:Imported food

 The holder of a licence to import must comply with sections 82 to 84 in respect of a food that is imported.

DIVISION 6Preventive Control Plan

Marginal note:Licence holders

  •  (1) A licence holder must prepare, keep and maintain a written preventive control plan that meets the requirements of section 89 for any activity identified in their licence that they conduct in respect of a food or food animal.

  • Marginal note:Exception — food to be exported

    (2) Despite subsection (1), a preventive control plan is not required to be prepared, kept or maintained for any activity that the licence holder conducts in respect of a food, other than fish or a meat product, that is exported, unless a certificate or other document referred to in section 48 of the Act is sought in respect of the food.

  • Marginal note:Exception — sales of $100,000 or less

    (3) Despite subsection (1), if a licence holder’s gross sales that are derived from food are $100,000 or less for the 12 months before the day on which they most recently made an application for the issuance, renewal or amendment of a licence, a preventive control plan must be prepared, kept and maintained only for any activity that they conduct in respect of

    • (a) a food animal, meat product, fish, dairy product, egg, processed egg product or processed fruit or vegetable product that is identified in their licence; and

    • (b) a food in respect of which a certificate or other document referred to in section 48 of the Act is sought.

 
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